MACAU SAR, CHINA Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida, Bernice Kwok and Daniel de Senna Fernandes, Riquito Advogados
10.5 Court-Imposed Conditions on Granting an Appeal The right to appeal is only subject to the require- ments/limitations expressly provided for in the Macau SAR Code of Civil Procedure and described in 10.2 Rules Concerning Appeals of Judgments . Appeals are granted, or not, based on the facts established and not established at the time of their issuance. If the appellate court believes such facts require further substantiation, or that there are other facts that must be considered, it shall order further trial to determine those facts. 10.6 Powers of the Appellate Court After an Appeal Hearing Depending on the findings of the appellate court regarding the lower court’s judgment, it may decide: • to overturn it; • to order its reform; or • to order the execution of further procedural steps deemed necessary, including the retak- ing of evidence, the taking of further evi- dence, or even to order the repetition of the trial before the same court. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation As a general rule, the court costs and fees are paid by the losing party, or, in the event that nei- ther party won, by the party who has benefited from the proceedings. The successful party is entitled to have their court fees – and costs paid in advance – reim- bursed, as well as some compensation for legal
fees incurred. Unless the court finds that a par- ty has acted in bad faith, this compensation is determined by the court in an amount up to half of the total court fees. If a party is found to have acted in bad faith, the court may determine the compensation for the legal fees incurred by the other party in full, as well as compensation for other costs and damages suffered as a result of those actions. 11.2 Factors Considered When Awarding Costs The outcome of the proceedings is the most rel- evant factor to be considered when awarding costs. Costs are paid by the losing party. If the proceedings terminate pending judgment, an array of factors may determine the responsi- bility for the costs, such as whether either party has yet benefited from the proceedings, or if the termination is a result of an action attributable to one of the parties. In cases of settlement, without prejudice to an agreement otherwise, the costs shall be settled in equal parts. If either party withdraws or confesses the claim, the costs shall be paid by that party. Actions which are deemed to have been useless shall be paid for by the requesting party. 11.3 Interest Awarded on Costs Court costs are subject to interest after expiry of the deadline for voluntary payment (20 days from the notification of the bill of costs). Such interest is in the amount of 1% per month of the unpaid costs.
861 CHAMBERS.COM
Powered by FlippingBook